Kapusta v. De Puy Manufacturing Co.

DISSENTING OPINION.

Faulconer, J.

I would sustain appellee’s motion to dismiss or affirm on the ground that the transcript and assignment of errors was not filed in this court within 90 days of the entry of summary judgment. I am of the opinion that the granting of a summary judgment as authorized by Acts 1965, ch. 90, § 1, p. 126, § 2-2524, Burns’ 1966 Cum. Supp., is not a trial and, therefore, the filing of a motion for new trial is a nullity and does not extend the time for appeal.

*486Although this is a new question in this State, there is a statute and several decisions of our Supreme Court…